MUTUAL LIFE INS. CO. OF NEW YORK v. HAMILTON

No. 10929.

143 F.2d 726 (1944)

MUTUAL LIFE INS. CO. OF NEW YORK v. HAMILTON. HAMILTON v. MUTUAL LIFE INS. CO. OF NEW YORK. OAKLAND CORPORATION v. SAME.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 27, 1944.


Attorney(s) appearing for the Case

H. Reid DeJarnette, of Miami, Fla., for Mutual Life Ins. Co.

Dewey Knight, of Miami, Fla., for Oakland Corporation and Minnie L. B. Hamilton.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.


WALLER, Circuit Judge.

The question presented is whether the insured, Walter F. Hamilton, was dead or dodging prior to the time that his life insurance policies would have lapsed were he then alive. The jury found that he died on the 29th day of December, 1928, the day after the night on which he packed his belongings and set forth either into eternity or obscurity. According to the proof, naught has been heard of him since that date. As in many other cases of missing...

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